The first legal documents filed by publisher Take-Two in its lawsuit against Duke Nukem Forever developer 3D Realms have been released.

The documents amount to a call for a restraining order and a preliminary injunction, essentially a move to force 3D Realms to keep the Duke Nukem Forever assets intact during proceedings.
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The order would force 3D Realms to "mantain and enforce all security measures necessary to preserve the integrity of [the Duke Nuke Forever source] code," as well as prevents them from "disclosing, distributing transfferring or selling...any proprietary information related to DNF."

Take-Two claims that it is owed "millions of dollars" by 3D Realms for breaking an agreement to finish the game. The publisher also requested a copy of the existing Duke Nukem Forever source and object code "to ensure the code is preserved and remains unharmed during the pendency of this lawsuit."

Meanwhile, 3D Realms co-founder Scott Miller last night issued the first public comment from the company on Shacknews. Miller was replying to a user question of whether 3D Realms saw any of the $12 million that Take-Two paid Infogrames for the DNF publishing rights in 2000.

"No. We didn't get a penny of that money," said Miller. "This, along with so much else, is 100% spin, being eaten up by those who have no clue whatsoever."

Miller added that 3D Realms will have more to say on the matter "soon"--though Take-Two expects to go to trial no earlier than 9-12 months.